Modulator

Judicial and Congressional Qualifications

Randy Barnett on the senate judicial filibuster and the qualification of judges:

Mr. Schumer is right to raise the issue of judicial philosophy. Republicans have yet to move away from appeals to �qualifications� and �judicial restraint� and take up his challenge. That no judge should ignore the Constitution when doing so suits their ideological agenda is a philosophy all nominees must accept. So must all senators. For they too have taken an oath to uphold the Constitution, the whole Constitution, and not just the parts that, for the moment at least, lead to results they happen to like.

Stikes me that following this practice could lead to drastically reducing the size of law libraries which would be a good thing. And with modest tweaking of the constitution we could get rid of a lot more of the sludge that clogs the flow of human interaction.

Via The Volokh Conspiriacy.

Posted by Steve on November 14, 2003